Senate Bill S3267

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3267

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 13, 2009
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the volunteer firefighters' benefit law and  the  volun-
  teer  ambulance  workers'  benefit law, in relation to leave from work
  for municipal employees responding to fire and ambulance calls

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  volunteer  firefighters'  benefit  law is amended by
adding a new section 4-a to read as follows:
  S 4-A. LEAVE FROM WORK FOR RESPONDING TO CALLS. 1. ANY PUBLIC EMPLOYEE
WHO IS AN ACTIVE VOLUNTEER FIREFIGHTER:
  A. MAY BE PERMITTED TO LEAVE WORK IN ORDER TO RESPOND TO FIRE CALLS OR
AMBULANCE CALLS DURING SUCH EMPLOYEE'S REGULAR HOURS OF EMPLOYMENT WITH-
OUT PREJUDICE TO OPPORTUNITY FOR PROMOTION OR CONTINUED EMPLOYMENT,  AND
WITHOUT  BEING CHARGED  HOURS AGAINST SICK TIME, PERSONAL TIME, VACATION
TIME OR COMPENSATORY TIME OR ANY OTHER ACCRUED TIME; AND
  B. SHALL BE PERMITTED TO RESPOND TO SUCH CALLS PRIOR TO REPORTING  FOR
WORK WITHOUT PREJUDICE TO OPPORTUNITY FOR PROMOTION OR CONTINUED EMPLOY-
MENT, AND WITHOUT BEING CHARGED HOURS  AGAINST SICK TIME, PERSONAL TIME,
VACATION TIME OR COMPENSATORY  TIME OR ANY OTHER ACCRUED TIME.
  2.  THE  BENEFITS  SET FORTH IN SUBDIVISION ONE OF THIS SECTION  SHALL
ONLY BE AFFORDED TO A PUBLIC EMPLOYEE WHEN:
  A. IF REQUESTED BY THE PUBLIC EMPLOYER, SUCH EMPLOYEE  SUBMITS A WRIT-
TEN STATEMENT FROM THE CHIEF OF THE FIRE COMPANY OR THE CHIEF OFFICER OF
THE AMBULANCE COMPANY VERIFYING THAT SUCH EMPLOYEE RESPONDED TO  A  FIRE
OR  AMBULANCE  CALL  AND  SPECIFYING THE DATE, TIME AND DURATION OF SUCH
RESPONSE; AND
  B. SUCH EMPLOYEE'S LEAVE FROM WORK DOES  NOT  RESULT  IN  SUCH  PUBLIC
EMPLOYER'S FAILURE TO MEET MINIMUM REQUIRED  STAFFING LEVELS.
  3.  FOR  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE THE
FOLLOWING MEANINGS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09833-01-9
              

S. 3267                             2

  A. "AMBULANCE COMPANY" SHALL HAVE THE MEANING SET FORTH IN SUBDIVISION
TWO OF SECTION THREE OF THE VOLUNTEER AMBULANCE WORKERS' BENEFIT LAW;
  B.  "PUBLIC  EMPLOYEE" SHALL MEAN A PERSON WHO IS EMPLOYED BY A PUBLIC
EMPLOYER; AND
  C. "PUBLIC EMPLOYER" SHALL MEAN:
  I. THE STATE OF NEW YORK;
  II. A COUNTY, CITY, TOWN, VILLAGE OR ANY OTHER  POLITICAL  SUBDIVISION
OR CIVIL DIVISION OF THE STATE;
  III.  A  SCHOOL DISTRICT OR ANY GOVERNMENTAL ENTITY OPERATING A PUBLIC
SCHOOL, COLLEGE OR UNIVERSITY;
  IV. A PUBLIC IMPROVEMENT OR SPECIAL DISTRICT;
  V. A PUBLIC AUTHORITY, COMMISSION OR PUBLIC BENEFIT CORPORATION; OR
  VI. ANY OTHER PUBLIC CORPORATION, AGENCY,  INSTRUMENTALITY OR UNIT  OF
GOVERNMENT  WHICH  EXERCISES  GOVERNMENTAL  POWER  UNDER THE LAWS OF THE
STATE.
  S 2. The article heading of article 1 of the volunteer ambulance work-
ers' benefit law is amended to read as follows:

            SHORT TITLE; PURPOSE; DEFINITIONS; MISCELLANEOUS
  S 3. The volunteer ambulance workers' benefit law is amended by adding
a new section 4 to read as follows:
  S 4. LEAVE FROM WORK FOR RESPONDING TO CALLS. 1. ANY  PUBLIC  EMPLOYEE
WHO IS AN ACTIVE VOLUNTEER AMBULANCE WORKER:
  A. MAY BE PERMITTED TO LEAVE WORK IN ORDER TO RESPOND TO FIRE CALLS OR
AMBULANCE CALLS DURING SUCH EMPLOYEE'S REGULAR HOURS OF EMPLOYMENT WITH-
OUT  PREJUDICE TO OPPORTUNITY FOR PROMOTION OR CONTINUED EMPLOYMENT, AND
WITHOUT BEING CHARGED  HOURS AGAINST SICK TIME, PERSONAL TIME,  VACATION
TIME OR COMPENSATORY TIME OR ANY OTHER ACCRUED TIME; AND
  B.  SHALL BE PERMITTED TO RESPOND TO SUCH CALLS PRIOR TO REPORTING FOR
WORK WITHOUT PREJUDICE TO OPPORTUNITY FOR PROMOTION OR CONTINUED EMPLOY-
MENT, AND WITHOUT BEING CHARGED HOURS  AGAINST SICK TIME, PERSONAL TIME;
VACATION TIME OR COMPENSATORY TIME OR ANY OTHER ACCRUED TIME.
  2. THE BENEFITS SET FORTH IN SUBDIVISION ONE  OF  THIS  SECTION  SHALL
ONLY BE AFFORDED TO A PUBLIC EMPLOYEE WHEN:
  A. IF REQUESTED BY THE PUBLIC EMPLOYER, SUCH EMPLOYEE  SUBMITS A WRIT-
TEN STATEMENT FROM THE CHIEF OF THE FIRE COMPANY OR THE CHIEF OFFICER OF
THE  AMBULANCE  COMPANY VERIFYING THAT SUCH EMPLOYEE RESPONDED TO A FIRE
OR AMBULANCE CALL AND  SPECIFYING THE DATE, TIME AND  DURATION  OF  SUCH
RESPONSE; AND
  B.  SUCH  EMPLOYEE'S  LEAVE  FROM  WORK DOES NOT RESULT IN SUCH PUBLIC
EMPLOYER'S FAILURE TO MEET MINIMUM REQUIRED  STAFFING LEVELS.
  3. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL   HAVE  THE
FOLLOWING MEANINGS:
  A.  "FIRE COMPANY" SHALL HAVE THE MEANING SET FORTH IN SUBDIVISION TWO
OF SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW;
  B. "PUBLIC EMPLOYEE" SHALL MEAN A PERSON WHO IS EMPLOYED BY  A  PUBLIC
EMPLOYER; AND
  C. "PUBLIC EMPLOYER" SHALL MEAN:
  I. THE STATE OF NEW YORK;
  II.  A  COUNTY, CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION
OR CIVIL DIVISION OF THE STATE;
  III. A SCHOOL DISTRICT OR ANY GOVERNMENTAL ENTITY OPERATING  A  PUBLIC
SCHOOL, COLLEGE OR UNIVERSITY;
  IV. A PUBLIC IMPROVEMENT OR SPECIAL DISTRICT;
  V. A PUBLIC AUTHORITY, COMMISSION OR PUBLIC BENEFIT CORPORATION; OR

S. 3267                             3

  VI.  ANY  OTHER PUBLIC CORPORATION, AGENCY, INSTRUMENTALITY OR UNIT OF
GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWER  UNDER  THE  LAWS  OF  THE
STATE.
  S 4. This act shall take effect immediately.